[Federal Register Volume 59, Number 106 (Friday, June 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13541]
[[Page Unknown]]
[Federal Register: June 3, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD02-93-002
RIN 2115-AE47
Drawbridge Operation Regulations; St. Croix River, MN and WI
AGENCY: Coast Guard, DOT.
ACTION: Final temporary rule.
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SUMMARY: The Coast Guard is establishing a temporary rule to regulate
the operation of the S36 Bridge over the St. Croix River at mile 23.4,
at Stillwater. The present opening schedule has contributed to traffic
delays and congestion in Stillwater. The existing regulation is being
temporarily amended for the purpose of evaluating the reasonableness of
proposed changes. The Coast Guard is requesting comments from
interested parties throughout the evaluation period.
EFFECTIVE DATES: This temporary rule is effective from June 3, 1994 to
October 15, 1994. Comments must be received on or before November 15,
1994.
ADDRESSES: Comments may be mailed to Commander (ob), Second Coast Guard
District, 1222 Spruce Street, St. Louis, Missouri 63103-2832,
Attention: docket CGD02-93-002.
Comments may also be delivered to room 2.107B at the above address
between 8 a.m. and 3 p.m., Monday through Friday, except federal
holidays. For information concerning comments, the telephone number is
(314) 539-3724.
FOR FURTHER INFORMATION CONTACT:
Roger K. Wiebusch, Bridge Administrator, Second Coast Guard District,
1222 Spruce Street, St. Louis, Missouri 63103-2832, telephone (314)
539-3724.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD02-93-002), identify the specific section
of this proposal to which each comment applies, and give the reason for
each comment. Each person who wants an acknowledgment of the receipt of
comments should enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. The Coast Guard may change or not implement a final
rule in view of the comments.
The Coast Guard does not plan to hold another public meeting.
However, persons may request a public meeting by writing to the Docket
Clerk at the address under ADDRESSES. If the Coast Guard determines
that the opportunity to make oral presentations will aid the rulemaking
process, the Coast Guard will hold a public hearing at a time and place
announced by a later notice in the Federal Register.
Drafting Information
The principal persons involved in drafting this document are Wanda
G. Renshaw, Project Manager, and Lieutenant Commander Arn Denny,
Project Attorney.
Regulatory History
On Friday, October 8, 1993, the Coast Guard published a notice of
proposed rulemaking entitled Drawbridge Operation Regulations, St.
Croix River, Minnesota and Wisconsin in the Federal Register (58 FR
52466). The Coast Guard received six comments on the proposal. A public
meeting was requested and held on April 7, 1994, in the Stillwater
Municipal Building.
For the reasons discussed below, the Coast Guard has decided to
issue a temporary regulation which will allow it to evaluate the
proposed changes for the remainder of the summer boating season. The
Coast Guard has decided that good cause exists for making this
temporary regulation effective upon publication in the Federal Register
because, since vessel traffic falls off dramatically in the fall, early
implementation will provide for an evaluation period which will include
as much of the summer boating season as is possible.
Background and Purpose
The St. Croix River is heavily used by recreational craft. River
excursion boats are the only known commercial navigation passing the
bridge. To meet the navigational needs of these boaters, the S36 Bridge
is presently required to open on signal, from May 15 through October
15, on a set schedule of hourly and half-hourly openings from 8 a.m. to
10 p.m. From October 16 through May 14 the draw will open on signal if
at least 24 hours notice is given.
The Mayor of Stillwater requested that the operating schedule be
amended as a means of reducing traffic congestion on the approaches to
the bridge. As a result, the Coast Guard proposed a change which would
permit hourly openings on weekdays from 8 a.m. to 10 p.m. and on
Saturdays, Sundays and federal holidays from 8 a.m. to midnight. The
draw would continue to be operated with two hours advance notice from
10 p.m. to 8 a.m. weekdays, and from midnight to 8 a.m., Saturdays,
Sundays, and federal holidays.
Discussion of Comments and Changes
The Coast Guard received six comments on the Notice of Proposed
Rulemaking. Three supported the proposed change citing increased bank
erosion from heavy recreational traffic, air pollution from waiting
vehicles, and loss of business in Stillwater due to traffic congestion
and delays caused by frequent bridge openings. One, from the Minnesota
Historical Society, stated that the proposed action would have no
effect on the historic characteristics of the bridge, which is listed
on the National Register of Historic Places. Two, a local recreational
boater and the owner of a local marina, objected to the proposed
change. The boater commented that traffic congestion existed in
downtown Stillwater during the winter months when the bridge was not
opened for river traffic. He noted that excessively long bridge
openings, resulting in increased delay times to highway traffic, during
the preceding boating season were caused by unusual and persistent high
river levels, requiring longer span openings to accommodate vessels
that could have passed under the closed span during normal water
conditions. He also noted that traffic delays were exacerbated by
vehicles parking on streets approaching the bridge, and that the
increased use of the bridge by tractor-trailers often precluded two-way
traffic on the narrow bridge. The marina owner objected to the proposal
because he would lose the business of larger vessels presently moored
at his facility which required bridge openings to travel downriver. He
commented that the City of Stillwater had received proposals over the
past several years to resolve the traffic congestion, but had not
implemented any of the recommendations. He also noted that street
parking in downtown Stillwater restricted traffic flow. He questioned
the perceived increase in boating traffic versus highway traffic, and
requested that a public meeting be held to present the facts and
discuss possible solutions. That meeting was convened in Stillwater on
April 7, 1994.
As a result of the public meeting and of the objections to the
proposed revision, the Coast Guard requested that Minnesota Department
of Transportation (MNDOT) conduct traffic studies, evaluate the
results, and recommend an opening schedule that would retain an
acceptable number of bridge openings and provide for peak highway
traffic. Based on its evaluation of traffic counts and studies, MNDOT
advised that no change was warranted by traffic conditions during
weekday morning hours. Because heavy vehicular traffic arrived between
3 p.m. and 7 p.m. on weekdays, MNDOT recommended that the existing
schedule be observed up to and including the 2:30 p.m. opening and that
openings after 2:30 p.m. should occur at 4 p.m., 5:30 p.m., 6:30 p.m.,
and 7 p.m. with an opening every half hour thereafter until 10 p.m.
Because heavy vehicular traffic arrived between 9 a.m. and 8 p.m. on
weekends and holidays, MNDOT recommended that the existing schedule be
retained, up to and including the 9 a.m. opening, and that the opening
schedule be revised for one opening per hour from 9 a.m. until 8 p.m.
with half-hourly openings from 8 p.m. until midnight.
The Coast Guard has decided to amend the existing regulation with a
temporary rule promulgating the opening schedule recommended by MNDOT.
This temporary rule will be evaluated throughout the 1994 St. Croix
River boating season and comments on the revision will continue to be
received through November 15, 1994. The Coast Guard decided to make the
amendment under temporary rulemaking rather than under a deviation
which is valid only for up to 90 days because extending the evaluation
period through the remainder of the St. Croix boating season provided
for a better opportunity to consider the needs of the public.
Regulatory Evaluation
This regulation is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979). The Coast Guard expects the economic
impact of this proposal to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary because operators of commercial
vessels have indicated that they can adjust to the changes without
impact on their businesses.
Small Entities
After considering the submitted comments, the Coast Guard finds
that any impact on small entities, if any, is not substantial.
Therefore, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary
rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Assessment
The Coast Guard has analyzed this temporary rule under the
principles and criteria contained in Executive Order 12612 and has
determined that it does not raise sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has reviewed the environmental impact of this
temporary rule and concluded that under section 2.B.2 of the NEPA
Implementing Procedures, COMDTINST M16475.1B, this temporary rule is
categorically excluded from further environmental documentation because
promulgation of changes to drawbridge regulations have been found to
not have a significant effect on the human environment. A categorical
Exclusion Determination is available in the docket.
List of Subjects in 33 CFR Part 117
Bridges.
PART 117--DRAWBRIDGE OPERATION REGULATIONS
For the reasons set out in the preamble, the Coast Guard is
amending part 117 of title 33, Code of Federal Regulations, as follows.
This is a temporary amendment and will not appear in the Code of
Federal Regulations.
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 449; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. In Sec. 117.667 paragraph (b) is temporarily revised to read as
follows:
Sec. 117.667 St. Croix River.
* * * * *
(b) The draw of the S36 Bridge, Mile 23.4, at Stillwater, shall
open on signal as follows:
(1) From May 15 through October 15, Monday through Friday, except
Federal holidays, from:
(i) 8 a.m. to 11 a.m., every hour on the hour;
(ii) 11 a.m. to 2:30 p.m., every half hour;
(iii) 2:30 p.m. to 5:30 p.m., at 2:30 p.m., 4 p.m. and 5:30 p.m.;
(iv) 6:30 p.m. to 10 p.m., every half hour; and
(v) 10 p.m. to 8 a.m., upon at least two hours notice.
(2) from May 15 through October 15, Saturdays, Sundays, and federal
holidays from:
(i) From 8 a.m. to 9 a.m., every half hour;
(ii) From 9 a.m. to 8 p.m., every hour on the hour;
(iii) From 8 p.m. to midnight, every half hour; and
(iv) Midnight to 8 a.m., upon at least two hours notice.
* * * * *
Dated: May 20, 1994.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard Commander, Second Coast Guard District.
[FR Doc. 94-13541 Filed 6-2-94; 8:45 am]
BILLING CODE 4910-14-M
